File #: Int 0193-2002    Version: * Name: Liability of property owners for injuries caused by unsafe conditions on sidewalks.
Type: Introduction Status: Enacted
Committee: Committee on Transportation
On agenda: 5/8/2002
Enactment date: 7/16/2003 Law number: 2003/049
Title: A Local Law to amend the administrative code of the city of New York, in relation to the liability of property owners for injuries caused by unsafe conditions on sidewalks.
Sponsors: John C. Liu, Joseph P. Addabbo, Jr., Diana Reyna, Kendall Stewart, Eva S. Moskowitz, Sara M. Gonzalez, Helen Sears, Betsy Gotbaum, (by request of the Mayor), Alan J. Gerson
Council Member Sponsors: 10
Attachments: 1. Committee Report 11/12/02, 2. Hearing Transcript 11/12/02, 3. Committee Report 6/27/03, 4. Hearing Transcript 6/27/03, 5. Local Law, 6. Hearing Transcript - Stated Meeting 6/27, 7. Fiscal Impact Statement
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
7/18/2003*John C. Liu City Council Recved from Mayor by Council  Action details Meeting details Not available
7/16/2003*John C. Liu Mayor Signed Into Law by Mayor  Action details Meeting details Not available
7/16/2003*John C. Liu Mayor Hearing Held by Mayor  Action details Meeting details Not available
6/27/2003*John C. Liu City Council Sent to Mayor by Council  Action details Meeting details Not available
6/27/2003*John C. Liu City Council Approved by CouncilPass Action details Meeting details Not available
6/27/2003*John C. Liu Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
6/27/2003*John C. Liu Committee on Transportation Approved by CommitteePass Action details Meeting details Not available
11/12/2002*John C. Liu Committee on Transportation Laid Over by Committee  Action details Meeting details Not available
11/12/2002*John C. Liu Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
5/8/2002*John C. Liu City Council Referred to Comm by Council  Action details Meeting details Not available
5/8/2002*John C. Liu City Council Introduced by Council  Action details Meeting details Not available

Int. No. 193

 

By Council Members Liu, Addabbo, Reyna, Stewart, Moskowitz, Gonzalez, Sears and the Public Advocate (Ms. Gotbaum) (by request of the Mayor); also Council Member Gerson

 

A Local Law to amend the administrative code of the city of New York, in relation to the liability of property owners for injuries caused by unsafe conditions on sidewalks.

 

Be it enacted by the Council as follows:

 

                     Section 1. The administrative code of the city of New York is amended by adding a new section 7-210 to read as follows:

                     § 7-210 Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition. a. It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.

                     b. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk. This subdivision shall not apply to one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes.

                     c. Notwithstanding any other provision of law, the city shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks (other than sidewalks abutting one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes) in a reasonably safe condition. This subdivision shall not be construed to apply to the liability of the city as a property owner pursuant to subdivision b of this section.

                     d. Nothing in this section shall in any way affect the provisions of this chapter or of any other law or rule governing the manner in which an action or proceeding against the city is commenced, including any provisions requiring prior notice to the city of defective conditions.

                     § 2. This local law shall take effect on the sixtieth day after it shall have become a law and shall apply to accidents occurring on or after such effective date.